|
|
| |
| | |
|
| (a) | released under section 34A of the 1991 Act or section |
|
| 246 (home detention curfew), and |
|
| (b) | recalled under section 38A(1)(b) of the 1991 Act or |
|
| section 255(1)(b) (no longer possible to monitor |
|
| |
| | the release and recall are to be disregarded for the purposes of |
|
| |
| 25 (1) | It is the duty of the Secretary of State to release a person |
|
| unconditionally under this paragraph— |
|
| (a) | in the case of a person falling within paragraph 24(1), |
|
| as soon as the person has served two-thirds of the |
|
| |
| (b) | in the case of a person falling within paragraph 24(2), |
|
| as soon as the person would (but for the earlier release) |
|
| have served two-thirds of the sentence. |
|
| (2) | After a person falling within paragraph 24(1) has served one- |
|
| third of the sentence or six months, whichever is longer, the |
|
| Secretary of State must, if directed to do so by the Board, |
|
| release the person on licence under this paragraph. |
|
| (3) | The Board must not give a direction under sub-paragraph (2) |
|
| unless the Board is satisfied that it is no longer necessary for |
|
| the protection of the public that the person should be confined. |
|
| (4) | Sub-paragraphs (1) to (3) apply in place of section 244 (release |
|
| on licence of prisoners serving 12 months or more). |
|
| 26 (1) | Where a person to whom paragraph 24 applies is released on |
|
| licence under paragraph 25, the licence shall remain in force |
|
| until the date on which the person would (but for the release) |
|
| have served two-thirds of the sentence. |
|
| (2) | Sub-paragraph (1) is subject to any revocation under section |
|
| |
| (3) | Sub-paragraphs (1) and (2) apply in place of section 249 |
|
| |
| Extended sentence of more than 12 months imposed before 1 October 1992 |
|
| 27 (1) | This paragraph applies to a person if— |
|
| (a) | the person is serving a sentence of imprisonment |
|
| imposed before 1 October 1992, |
|
| (b) | the sentence is for a term of more than 12 months, |
|
| (c) | on the passing of the sentence an extended sentence |
|
| certificate was issued, and |
|
| (d) | the person has not previously been released from |
|
| prison on licence in respect of that sentence. |
|
| (2) | This paragraph also applies to a person if— |
|
| (a) | the person is serving a sentence of imprisonment |
|
| imposed before 1 October 1992, |
|
| (b) | the sentence is for a term of more than 12 months, |
|
| (c) | on the passing of the sentence an extended sentence |
|
| |
|
|
| |
| | |
|
| (d) | the person has been released on licence under Part 2 of |
|
| |
| (e) | the person has been recalled before 14 July 2008 (and |
|
| has not been recalled after that date). |
|
| (3) | In this paragraph “extended sentence certificate” means a |
|
| certificate was issued under section 28 of the Powers of |
|
| Criminal Courts Act 1973 (punishment of persistent offenders) |
|
| stating that an extended term of imprisonment was imposed |
|
| on the person under that section. |
|
| 28 (1) | It is the duty of the Secretary of State to release a person to |
|
| whom paragraph 27 applies on licence under this paragraph— |
|
| (a) | in the case of a person falling within paragraph 27(1), |
|
| as soon as the person has served two-thirds of the |
|
| |
| (b) | in the case of a person falling within paragraph 27(2), |
|
| as soon as the person would (but for the earlier release) |
|
| have served two-thirds of the sentence. |
|
| (2) | After a person falling within paragraph 27(1) has served one- |
|
| third of the sentence or six months, whichever is longer, the |
|
| Secretary of State must, if directed to do so by the Board, |
|
| release the person on licence under this paragraph. |
|
| (3) | The Board must not give a direction under sub-paragraph (2) |
|
| unless the Board is satisfied that it is no longer necessary for |
|
| the protection of the public that the person should be confined. |
|
| (4) | Sub-paragraphs (1) to (3) apply in place of section 244 (release |
|
| on licence of prisoners serving twelve months or more). |
|
| |
| 29 (1) | Prison rules made by virtue of section 257 may include |
|
| provision for applying any provisions of this Chapter, in |
|
| relation to any person falling within sub-paragraph (2), as if |
|
| the person had been awarded such number of additional days |
|
| as may be determined by or under the rules. |
|
| (2) | A person falls within this sub-paragraph if— |
|
| (a) | the person was released on licence under section 60 of |
|
| the 1967 Act before 1 October 1992 and the licence was |
|
| in force on that date, or |
|
| (b) | the person was, on that date, serving a custodial |
|
| |
| | and (in either case) the person has forfeited any remission of |
|
| |
| Concurrent or consecutive terms |
|
| 30 | Paragraphs 31 to 33 apply where a person (“P”) is serving two |
|
| or more sentences of imprisonment and— |
|
| (a) | the sentences were passed on the same occasion, or |
|
| (b) | where they were passed on different occasions, the |
|
| person has not been released under Part 2 of the 1991 |
|
| Act or under this Chapter at any time during the |
|
|
|
| |
| | |
|
| period beginning with the first and ending with the last |
|
| |
| 31 (1) | This paragraph applies where each of the sentences is a 1967 |
|
| |
| (2) | Sections 263 and 264 (consecutive and concurrent terms) do |
|
| not apply in relation to the sentences. |
|
| (3) | For the purposes of any reference in this Chapter, however |
|
| expressed, to the term of imprisonment to which P has been |
|
| sentenced or which, or part of which, P has served, the terms |
|
| are to be treated as a single term. |
|
| 32 (1) | This paragraph applies where— |
|
| (a) | one or more of the sentences is a 1967 Act sentence, and |
|
| (b) | one or more of them is a 1991 Act sentence. |
|
| (2) | Sections 263 and 264 (consecutive and concurrent terms) do |
|
| not apply in relation to the sentences mentioned in sub- |
|
| |
| (3) | For the purposes of any reference in this Chapter, however |
|
| expressed, to the term of imprisonment to which P has been |
|
| sentenced or which, or part of which, P has served— |
|
| (a) | the terms mentioned in sub-paragraph (1) are to be |
|
| treated as a single term, and |
|
| (b) | that single term is to be treated as if it were a 1967 Act |
|
| |
| (4) | If one or more of the sentences is a section 85 extended |
|
| |
| (a) | for the purpose of determining the single term |
|
| mentioned in sub-paragraph (3), the extension period |
|
| or periods is or are to be disregarded, and |
|
| (b) | the period for which P is to be on licence in respect of |
|
| the single term is to be increased in accordance with |
|
| |
| (5) | That period is to be increased— |
|
| (a) | if only one of the sentences is a section 85 extended |
|
| sentence, by the extension period; |
|
| (b) | if there is more than one such sentence and they are |
|
| wholly or partly concurrent, by the longest of the |
|
| |
| (c) | if there is more than one such sentence and they are |
|
| consecutive, by the aggregate of the extension periods. |
|
| (6) | If P is also serving a 2003 Act sentence, sub-paragraph (3) is to |
|
| be applied before the period mentioned in section 263(2)(c) |
|
| (concurrent terms) or paragraph 33(3) (consecutive terms) is |
|
| |
| 33 (1) | This paragraph applies where two or more sentences are to be |
|
| served consecutively on each other and— |
|
| (a) | one or more of those sentences is a 1967 Act sentence, |
|
| |
| (b) | one or more of them is a 2003 Act sentence. |
|
|
|
| |
| | |
|
| (2) | Section 264 does not affect the length of the period which P |
|
| must serve in prison in respect of the 1967 Act sentence or |
|
| |
| (3) | Nothing in this Chapter requires the Secretary of State to |
|
| release P until P has served a period equal in length to the |
|
| aggregate of the length of the periods which P must serve in |
|
| relation to each of the sentences mentioned in sub-paragraph |
|
| |
| |
| Provisions applying generally |
|
| |
| 34 (1) | This paragraph applies to any licence (a “Parole Board |
|
| licence”) which falls within sub-paragraph (2) or (3). |
|
| (2) | A licence falls within this sub-paragraph if— |
|
| (a) | it is or was granted to a person (“P”) on P’s release (at |
|
| any time) on the recommendation or direction of the |
|
| |
| (b) | P has not been released otherwise than on such a |
|
| recommendation or direction. |
|
| (3) | A licence falls within this sub-paragraph if— |
|
| (a) | it is or was granted to a person (“P”) on P’s release (at |
|
| |
| (b) | condition A or condition B is met. |
|
| (4) | Condition A is that, before 2 August 2010, the Board exercised |
|
| the function under section 37(5) of the 1991 Act of making |
|
| recommendations as to any condition to be included or |
|
| inserted as a condition in a licence granted to P (including by |
|
| making a recommendation that no condition should be |
|
| included in such a licence). |
|
| (5) | Condition B is that, before 2 August 2010— |
|
| (a) | P was released on licence under section 33(2), (3) or |
|
| (3A) or 35(1) of the 1991 Act, and |
|
| (b) | the Board exercised the function under section 37(5) of |
|
| |
| (i) | making recommendations as to the inclusion or |
|
| insertion of a condition in a licence granted to P |
|
| (including by making a recommendation that |
|
| no condition should be included in such a |
|
| |
| (ii) | making recommendations as to the variation or |
|
| cancellation of any such condition (including a |
|
| recommendation that the condition should not |
|
| |
| (6) | The Secretary of State must not— |
|
| (a) | include on release, or subsequently insert, a condition |
|
| in a Parole Board licence, or |
|
|
|
| |
| | |
|
| (b) | vary or cancel any such condition, |
|
| | except in accordance with directions of the Board. |
|
| Fine defaulters and contemnors |
|
| 35 (1) | This paragraph applies to any person if— |
|
| (a) | the person has been committed to prison or to be |
|
| detained under section 108 of the Sentencing Act— |
|
| (i) | in default of payment of a sum adjudged to be |
|
| |
| (ii) | for contempt of court or any kindred offence, |
|
| (b) | the person was so committed or detained before 4 |
|
| |
| (c) | the term for which the person was committed or |
|
| detained is 12 months or more. |
|
| (2) | As soon as a person to whom this paragraph applies has |
|
| served two-thirds of the term, it is the duty of the Secretary of |
|
| State to release the person unconditionally. |
|
| (3) | Sub-paragraph (2) applies in place of section 258(2) (early |
|
| release of fine defaulters and contemnors). |
|
| Early removal of prisoners liable to removal from UK |
|
| 36 (1) | This paragraph applies to any person who— |
|
| (a) | has served one-half of a sentence of imprisonment, and |
|
| (b) | has not been released on licence under this Chapter. |
|
| (2) | The reference in sub-paragraph (1)(a) to one-half of a sentence |
|
| |
| (a) | in the case of a section 85 extended sentence, a |
|
| reference to one-half of the custodial term; |
|
| (b) | in the case of an extended sentence imposed under |
|
| section 227 or 228, a reference to one-half of the |
|
| appropriate custodial term. |
|
| 37 (1) | If a person to whom paragraph 36 applies— |
|
| (a) | is liable to removal from the United Kingdom, and |
|
| (b) | has not been removed from prison under section 260 |
|
| during the period mentioned in subsection (1) of that |
|
| |
| | the Secretary of State may remove the person from prison |
|
| under that section at any time after the end of that period. |
|
| (2) | Sub-paragraph (1) applies whether or not the Board has |
|
| directed the person’s release under paragraph 6, 15, 25 or 28.”” |
|
|
284 | Page 211, line 25, leave out “and 226A” and insert “, 226A and 246A” |
|
285 | Page 211, leave out lines 29 to 40 and insert— |
|
| |
|
|
| |
| | |
|
| (a) | was abolished (with or without savings) before the coming into |
|
| force of this Schedule, and |
|
| (b) | would, if committed on the relevant day, have constituted an |
|
| offence specified in Part 1 of this Schedule. |
|
| (2) | “Relevant day”, in relation to an offence, means— |
|
| (a) | for the purposes of this paragraph as it applies for the purposes |
|
| of section 246A(2), the day on which the offender was convicted |
|
| |
| (b) | for the purposes of this paragraph as it applies for the purposes |
|
| of sections 224A(4) and 226A(2), the day on which the offender |
|
| was convicted of the offence referred to in section 224A(1)(a) or |
|
| 226A(1)(a) (as appropriate).” |
|
286 | Page 212, line 3, leave out “and 226A” and insert “, 226A and 246A” |
|
287 | Page 212, line 23, leave out “done” and insert “committed” |
|
|
288 | Page 213, line 16, leave out paragraph 9 |
|
289 | Page 213, line 35, at end insert— |
|
| “13A | In section 156 (pre-sentence reports and other requirements) after |
|
| |
| “(9) | References in subsections (1) and (3) to a court forming the |
|
| opinions mentioned in sections 152(2) and 153(2) include a court |
|
| forming those opinions for the purposes of section 224A(3).”” |
|
290 | Page 214, line 2, at end insert— |
|
| “15A | In section 224 (meaning of “specified offence” etc) in subsection (2)(b) for |
|
| “225” substitute “224A”.” |
|
291 | Page 215, line 5, after “obliged” insert “by that section” |
|
292 | Page 215, line 5, leave out “under that section” |
|
293 | Page 215, line 21, after “life” insert “under section 94 of the Sentencing Act” |
|
294 | Page 215, line 24, at end insert— |
|
| “(3) | In section 305(4) (interpretation of Part 12) in paragraph (bb) (inserted by |
|
| paragraph 21 of this Schedule) after “imprisonment for life” insert “or, if |
|
| the person is aged at least 18 but under 21, custody for life”.” |
|
|
295 | Page 216, line 5, leave out paragraph 4 and insert— |
|
| “4 (1) | Section 35A of the Road Traffic Offenders Act 1988 (extension of |
|
| disqualification where custodial sentence imposed as well as driving |
|
| disqualification) is amended as follows. |
|
| (2) | In subsection (4)(e)— |
|
| (a) | for “227” substitute “226A”, |
|
| (b) | for “half” substitute “two-thirds of”, and |
|
| (c) | for “227(2C)(a)” substitute “226A(5)(a)”. |
|
|
|
| |
| | |
|
| (3) | In subsection (4)(f)— |
|
| (a) | for “228” substitute “226B”, |
|
| (b) | for “half” substitute “two-thirds of”, and |
|
| (c) | for “228(2B)(a)” substitute “226B(3)(a)”. |
|
| (4) | In subsection (8) omit “or 247(2)”. |
|
| (5) | In subsection (9) omit paragraph (b).” |
|
296 | Page 216, line 19, at end insert— |
|
| “Crime (Sentences) Act 1997 (c. 43) |
|
| 4A | In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners |
|
| within the British Islands) in paragraph 9(2)(a) after “244,” insert |
|
| |
| Crime and Disorder Act 1998 (c. 37) |
|
| 4B | In section 51A of the Crime and Disorder Act 1998 (sending cases to the |
|
| Crown Court: children and young persons) in subsection (3)(d) for |
|
| “226(3) or 228(2)” substitute “226B”.” |
|
297 | Page 216, line 21, at end insert— |
|
| “5A | In section 3A (committal for sentence of dangerous adult offenders) in |
|
| subsection (2) for “225(3) or 227(2)” substitute “226A”. |
|
| 5B | In section 3C (committal for sentence of dangerous young offenders) in |
|
| subsection (2) for “226(3) or 228(2)” substitute “226B”.” |
|
298 | Page 216, line 23, at end insert— |
|
| “6A(1) | Section 82A (determination of tariffs of life prisoners) is amended as |
|
| |
| (2) | Omit subsection (4A). |
|
| (3) | In subsection (7) for the definition of “life sentence” substitute— |
|
| ““life sentence” means a sentence mentioned in subsection |
|
| (2) of section 34 of the Crime (Sentences) Act 1997 other |
|
| than a sentence mentioned in paragraph (d) or (e) of that |
|
| |
299 | Page 216, line 40, leave out “after “226” insert “, 226B”” and insert “for “228” |
|
| |
300 | Page 216, line 41, leave out paragraph 9 and insert— |
|
| “9 (1) | Section 106A (interaction of detention and training orders with sentences |
|
| of detention) is amended as follows. |
|
| (2) | In subsection (1), in paragraph (b) of the definition of “sentence of |
|
| detention”, after “section” insert “226B or”. |
|
| |
| (a) | before “228” insert “226B or”, and |
|
| (b) | after “Board under” insert “subsection (5)(b) of section 246A or |
|
| |
|